[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23686-23687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08136]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1359]


Certain Portable Battery Jump Starters and Components Thereof 
(II) Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 13, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of The NOCO 
Company of Glenwillow, Ohio. An amended complaint was filed March 13, 
2023. The amended complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
portable battery jump starters and components thereof by reason of the 
infringement of certain claims of U.S. Patent No. 9,770,992 (``the '992 
patent''); U.S. Patent No. 10,328,808 (``the '808 patent''); U.S. 
Patent No. 10,981,452 (``the '452 patent''); U.S. Patent No. 11,254,213 
(``the '213 patent''); and U.S. Patent No. 11,447,023 (``the '023 
patent''). The amended complaint further alleges that an industry in 
the United States exists as required by the applicable Federal Statute. 
The amended complaint also alleges violations of section 337 based upon 
the importation into the United States, or in the sale of certain 
portable battery jump starters and components thereof by reason of 
common law trade dress infringement and false designation of origin, 
and false advertising and unfair competition, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States. The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email [email protected]. Hearing impaired individuals 
are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 12, 2023, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) in the importation into 
the United States, the sale for importation, or the sale within the 
United States after importation certain portable battery jump starters 
and components thereof identified in paragraph (2) by reason of 
infringement of one or more of claims 1-21 of the '992 patent; claims 
1-17 of the '808 patent; claims 1-16 of the '452 patent; claims 1-16 of 
the '213 patent; and claims 1-54 of the '023 patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``portable battery-
powered devices that are used to jump-start batteries in automobiles, 
trucks, and other vehicles, and related accessories and components, 
namely cases, battery cables, and clamps'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: The NOCO Company, 30339 Diamond Parkway 
#102, Glenwillow, Ohio 44139.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Shenzhen Carku Technology Co., Ltd., Building A, Qixing Creative 
Square, Lianrun Road, Gaofeng Community, Dalang Street, Longhua 
District Shenzhen, Guangdong China 518109
Aukey Technology Co., Ltd., Room 102, Building P09, Huanan City 
Electronic Trading Center, Longgang District, Shenzhen China 51800
Metasee LLC, 5205 Broadway #634, Pearland, Texas 77581
Ace Farmer LLC, 11833 Cutten Road, Suite 300, Houston, Texas 77066
Shenzhen Gooloo E-Commerce Co., Ltd., Room 303, Bantian Business 
Center, Bantian Wuhe Road, Longgang District, Shenzhen China 518000
Gooloo Technologies LLC, A718 O'Box Building Banxuegang Avenue, Bantian 
Street, Longang District, Shenzhen China 518000
Shenzhen Konghui Trading Co., Ltd., d/b/a, Hulkman Direct, Longhuaqu 
Minzhijiedao Minqiangshequ, Xiangnansanqu Dongmeidasha622, Shenzhen 
Guangdong China 518000
HULKMAN LLC, 4500 Great America Pkwy, Suite 100 #110, Santa Clara, 
California 95054
Shenzhen Take Tools Co. Ltd., No. B714, Niulanqian Building, Minzhi 
Road, Longhua District, Shenzhen, Guangdong, China 518000
Shenzhenshi Daosishangmao Youxiangongsi d/b/a/, Fanttik Direct, 
futianqu, shatoujiedao, tiananshequ tairanjiulu11hao, haisongdashaAzuo, 
sanceng301R16, shenzhen Guangdong China 518000
Shenzhenshi Dianjia Technology Co., Ltd. d/b/a, Yesper Direct, (Hong 
Kong

[[Page 23687]]

Haowei Technology Co. Ltd.), Gold Shine Tower, FLAT/RM B 13/F, 346-348, 
Queen's Road Central, Hong Kong
Shenzhenshi Xinmeitemuxiangbao, Zhuangyouxiangongsi d/b/a, Thikpo 
(Spanarci), Shenzhenshilonggangqunanwanjiedaodanzhutoujin, 
gmingxincheng, Bzuo1322hao, Shenzhen, Guangdong, China 518114
Guangzhou Sihao Trading Co., Ltd d/b/a, Snailhome (Audew) also d/b/a 
Shenzhen Xinshu Trading Co. Ltd., 201, Building 8, Daxin Garden, 
Central Ring Road, Longhua Street, Longhua District, Shenzhen China 
518000
ChangShaHongMaoKai KeJiYouXianGongSi, d/b/a TopdonStarter, 
ChangShaGaoXinKaiFaQu, LuGuDaDao627Hao, HaiChuangKeJiGongYeYuanDong 
403-2HaoFang, ChangSha HuNan China 410119
Shenzhenshi Shoudiankejiyouxiangongsi d/b/a, Solvtin, 
longhuajiedaojinglongshequ, jianshelu86haodanfengyayuanAdong510, 
Sshenzhen Longhuaqu China 518131
Shenzhen Winplus Shenzhen Pinwang Industrial, Technology Co., Ltd., 
Room 529, Longyuan Chuangzhan Building, 2010 Baoan South Rd, Luohu 
Dist, Shenzhen, China 518000
Winplus North America, Inc., 2975 Red Hill Ave, Suite 100, Costa Mesa, 
California 92626,
Winplus NA, LLC, 2975 Red Hill Ave, Suite 100, Costa Mesa, California 
92626
ADC Solutions Auto LLC d/b/a Type S Auto, 2975 Red Hill Ave. Suite 100, 
Costa Mesa, California 92626

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 
15798 (March 19, 2020), such responses will be considered by the 
Commission if received not later than 20 days after the date of service 
by the complainant of the amended complaint and the notice of 
investigation. Extensions of time for submitting responses to the 
amended complaint and the notice of investigation will not be granted 
unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: April 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-08136 Filed 4-17-23; 8:45 am]
BILLING CODE 7020-02-P